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JUDGMENT
JUDGMENT
INTRODUCTION
1. This judgment relates to land.
2. The plaintiff in this case is a pensioner whiles the defendant is a sub-chief of Jantong
with the title, Yipel-Naa. Both are ordinarily resident in Tamale.
3. On 15th March, 2022 the plaintiff instituted this action against the defendant for a
declaration of title of a piece of land known as plot no. 96 Block C, situate and laying
at Watterson Residential Area (also known as Jakarayilli), Tamale which plot was
acquired since 1982, damages for trespass, recovery of possession, perpetual
injunction against the defendant, his servants/agents/personal representatives from
dealing with the said land and costs.
2. The defendant on 11th October, 2022 disputed plaintiff’s claim. The respective cases of
the parties are detailed below.
PLAINTIFF’S CASE
3. The plaintiff’s case is that he acquired the land in dispute in 1982. He later caused a
file to be opened at the Lands Commission. He subsequently travelled to Egypt in
1983 and put one Abdulai Alhassan (deceased) as his caretaker. He was in Egypt for
10years. When he returned in 1993, all attempts to trace the caretaker proved futile.
So he conducted a search at the Lands Commission, “on the only vacant piece of land
in the area”. He later realised that this land had been surreptitiously transferred to
one Jacob Nmyeini Mpenbi by a statutory declaration dated 19/2/1991 ostensibly
signed by him (plaintiff). Mr. Mpenbi on becoming aware that the transfer was illegal
abandoned same. According to plaintiff, few years later he noticed some thatch
houses and a container on the plot. He later reported the matter to the Dohi-Naa but
defendant herein would threaten him to leave the plot. The matter was again
reported to the Kpambegu Naa where it was noted that his allocation paper is dated
1982 whiles that of the defendant is dated 1996. He indicated that despite this
revelation, the chief failed to advise the defendant to vacate the land because the
defendant was part of the chief’s family. Hence, this present action.
4. In support of his case, plaintiff tendered in evidence the following exhibits:
i. Exhibit A – Copy of the allocation paper dated 19/2/1982.
ii. Exhibit A1 – Copy of the site plan for plot no. 96.
iii. Exhibit B – Copy of a statutory declaration by plaintiff purporting to
transfer his interest in the said land to Mr. Jacob Nmyeini Mpenbi, dated
5. Plaintiff did not call any witness in support of his case.
D